Company Secretaries Act, 1980
10
Mode of Election to the Council
(1) Elections under clause (a) of sub-section
(2) of section 9 shall be conducted in the prescribed manner.
(2) Where any dispute arises regarding any
such election, the matter shall be referred by the Council to a Tribunal
appointed by the Central Government in this behalf and the decision of such
Tribunal shall be final :
Provided that no such reference shall be made
except on an application made to the Council by an aggrieved party within
thirty days from the date of the declaration of the result of the election.
(3) The expenses of the Tribunal shall be
borne by the Council.
(4) Notwithstanding anything contained in this
section and in Chapter IX, the Council of the dissolved company shall, on the
commencement of this Act, become the Council of the Institute and shall
function as such -
( i )
for a period of two years from such commencement, or
(ii) till the Council
is constituted in accordance with the provisions of sub-section (2) of section
9,Whichever is earlier.
Explanation: For the purposes of
this sub-section, the Council shall be deemed to have been constituted in
accordance with the provisions of sub-section (2) of section 9 with effect from
such date [not being later than thirty days from the date on which the results
of the first elections, under clause (a) of the said sub-section (2) are
announced] as the Central Government may notify in the Official Gazette.